Terms of Use

Please read these Terms of Use carefully before accessing this radio broadcast index service (the “Service”) available through this website, radiobookmark.com (the “Site”). Your access is subject to your agreement to these Terms of Use. If you are unwilling to be bound by these Terms of Use, you may not use the Service through the Site.

We use the information that we receive from your patronage of your member station and the Service only for the internal support of your subscription and determination of the popularity of stories in aggregate. And, we do not share any subscriber information with others.

The Radio Bookmark uses a date and time stamp to determine what you are listening to, and when you are listening to it. From time to time, public radio stations will make last minute changes to the program schedule. These last minute changes may not be reflected on your Radio Bookmark page. There may also be times when your Radio Bookmark does not point you to the programming you expected as you may encounter these discrepancies during pledge drives, during times of breaking news and on other less frequent occasions. We expect these occasions to be the exception.

The Radio Bookmark is a subscription service that relies on your ongoing membership with your public radio station.

The Site and the Service are owned and operated by Sky Blue Technologies, Inc. (“We” or “us”). Access to and use of the Site and the Service are limited to subscribers. Subscriptions are offered as a membership premium through your participating local public radio station, or by directly purchasing a Radio Bookmark. By consenting to these Terms of Use, you commence a one-year subscription (automatically renews annually for no additional fee) to the Service if a new subscriber, or continue your current subscription. Your subscription gives you a personal license for access to the Service via the Site.

The Radio Bookmark Capture Device (“Radio Bookmark”) is yours and is uniquely identifiable allowing the Service to validate your subscription to the Service. Your subscription includes a personal license to use the software on the Radio Bookmark for the Service (but not for any other use). Your subscription is revocable if you breach these Terms of Use. We may on occasion ask you to reconfirm your agreement with us, including upon each annual renewal of your subscription. You agree that we may deliver software updates to your Radio Bookmark during your Site sessions.

You may not rent, relay, transmit, broadcast, or resell the Site or the Service. You may not replicate or reverse engineer the Site, the Service, or our software on your Radio Bookmark. Although, developers that are interested in using the Radio Bookmark in different ways are encouraged to visit our developer section for information on how to do this.

Audio content and web content indexed through the Service may only be used for your personal enjoyment, according to the rights of the content owner, the instructions of the broadcaster, and the fair use doctrine under copyright law, as applicable.

You agree to immediately notify us of any unauthorized use of your subscription as you are responsible for all activities that occur under your subscription. By accessing the Site and the Service, you agree that you will not:

  • Use the Site or the Service to violate any applicable law or to encourage conduct that would constitute a criminal offense or give rise to a civil liability;
  • Alter, damage, or delete any content indexed on the Site;
  • Disrupt the operation of the Service or the Site in any way.

THE SITE AND THE SERVICE ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We will retain all bookmarks for up to one year. We disclaim any warranties, either express or implied, with respect to the Site, the Service, or the availability or legal status of any audio or web content. We do not warrant uninterrupted or error-free operation. Certain audio may not be available through the Service due to technical or copyright issues. If the Radio Bookmark fails to function, we will replace it per our warranty policy.

We may discontinue, suspend, cancel the remaining subscriptions, or modify the Site or the Service at any time and without notice, for any reason in our sole discretion. You agree that we are not liable to you or any third party if your access is blocked, terminated, or suspended.

You agree that we have no liability for any consequential, indirect, punitive, special, or incidental damages, whether foreseeable or unforeseeable, arising out of or relating to these Terms of Use, the Service, your use of or inability to use the Site, or your reliance upon the Service or the Site.

You agree to defend, indemnify, and hold us harmless from claims, demands, and damages of every kind and nature, known and unknown, arising out of your conduct. We reserve the right to assume the exclusive defense and control of any idemnifiable matter.

We may modify these Terms of Use by posting modifications to our Terms of Use page. Any modification is effective immediately upon posting the modification unless otherwise stated. Your continued use of the Site following the posting of any modification signifies your acceptance of that modification.

You acknowledge our ownership of the Site and the Service. The elements and features of the Site and the Service represent legally protected intellectual property that belongs to us. You do not have, receive, or obtain any title to any audio content, web content, information, images, code, scripts, mechanisms, marks, expressions, or data associated with the Site, the Radio Bookmark, or the Service.

You agree that any dispute arising out of or relating to the Site or these Terms of Use or the Service will be governed by federal law and by the laws of the State of Indiana, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Indiana as the exclusive legal forums for any such dispute.

You may return the Radio Bookmark if purchased directly from Sky Blue Technologies for any reason for a full refund of the actual purchase price within 30 calendar days following the date you recieve the Radio Bookmark, subject to compliance with the following: a) You must obtain a Sky Blue Technologies Return Authorization number, which may be obtained using the contact information below b) Product must be returned in the original packaging, in "as new condition", and with all product, parts, accessories, and other documents and items. For Radio Bookmarks received as a membership premium through a public radio station, you must contact the station with regards to their membership premium policies.

Please direct any questions or comments to: